Baby Car Seats Recalled Because of Defective Handles | Dallas, Texas Personal Injury Attorney Blog
The US Consumer Product Safety Commission (CPSC), the National Highway Traffic Safety Administration (NHTSA) and the manufacturer, Dorel Juvenile Group, Inc. have agreed to issue a recall of almost 500,000 car seats and baby carriers. The recall was issued after several infants were reported to have been injured when the handle for the car seats and carriers broke off. So far there have been over 77 reports of the handle either breaking off or become loose as the product was being carried. The children have been injured when they were dropped after the handle broke. Sadly, one of the children sustained a head injury from the incident.
The car seats were sold as part of a travel system under the Safety 1st, Cosco, Disney and Eddie Bauer brand names in child product stores and department stores nationwide from January 2008 through this month. Products affected by the recall include:
- Safety 1st Sojourn Travel System, with model numbers 22-057 DBY, 22-085 DWA, 22-057 CLN, 22-057 HRT, 22-322 HRR, 22-322 PTK, 22-057 LPH, and 22-085 LYN.
- Safety 1st Eurostar Travel System with model numbers 22-322 KDL, 22-322 LXI, 22-322 OLY, 22-322 PRS, 22-322 MAI, 22-325 COB, and 22-095 RBK.
- Safety 1st Lite Wave Travel System with model numbers 22-380 LGA and 22-380 MSA.
- Safety 1st Vector Travel System with model numbers 22-627 WAV and 22-325 PAC.
- Cosco Sprint Travel System with model numbers 22-300 FZN, 22-300 OSF, 22-300 CSF, 22-300 JJV, 22-300 THD, and 22-300 TWD.
- Disney Propack Travel System with model numbers 22-627 AWF, 22-355 LBF, 22-305 NAB, 22-305 PPH, and 22-355 PWK.
- Eddie Bauer Adventurer Travel System with model numbers 22-627 CGT, 22-627 FRK, 22-627 SNW and 22-627 WPR.
- Eddie Bauer Endeavor Travel System with model numbers 22-627 KGS and 22-655 YTE.
Any consumers who have the recalled car seat/carriers should not use the handle until they have received and installed a free repair kit from Dorel Juvenile Group, which can be obtained by contacting the company’s website at www.djusa.com/safety_notice
If your child has been injured because of a defective car seat or carrier or other dangerous product, contact Rachel Montes or Tom Herald at (214) 522-9401 for a free case consultation. Montes Herald Law Group, LLP is located in Irving, Texas. Visit our website www.MontesHerald.com for more information about our law firm and our attorneys.
50 Million Roman Shades Recalled | Dallas, Texas Personal Injury Attorney Blog
The government and the window covering industry on Tuesday recalled more than 50 million Roman-style shades and roll-up blinds because of the risk children may be strangled by the cords.
The Consumer Product Safety Commission said five deaths and 16 near-strangulations from Roman shades have been reported since 2006, while three deaths connected to roll-up blinds have been reported since 2001. Roman shades can become dangerous, the CPSC said, if a child’s neck gets stuck between the exposed inner cord and the fabric on the backside of the blind, or if the cord gets wrapped around a child’s neck. Roll-up blinds pose a strangulation threat if the lifting loop slides off the side of the blind and a child’s neck becomes entangled on it, or if a child neck’s gets between the lifting loop and the roll-up blind material.
The commission and the industry urged parents to examine all shades and blinds in the home and make sure they have no accessible cords. They also advised parents not to place cribs, beds or other furniture close to windows because children can climb on the furniture and reach the cords.
Cordless window coverings are recommended for all homes where children live or visit.
Several major retailers, including Wal-Mart, JCPenney, Target, Ikea and Pottery Barn, are also participating in the recall.
Consumers can obtain free retrofit kits for Roman shades and roll-up blinds by calling the Window Covering Safety Council toll-free at (800) 506-4636.
If you or your loved ones have been seriously injured by a dangerous or defective product, contact Montes Herald Law Group, LLP for a free, no obligation, case review. Visit our website at www.MontesLawGroup.com for more information on the types of cases our firm handles.
Million Dollar Red-Light Camera | Dallas, Texas Personal Injury Attorney Blog
While some cities have lost money on the controversial red-light cameras, others are clearly generating large sums of revenue.
The red light camera located at Danieldale Road and U.S. Highway 67 in Duncanville, Texas tops the list of money makers. The cameras at that intersection issued more than 19,000 citations and generated more than $1 million in a one-year span. Meanwhile, the cameras located at the intersection of Cooper Street and Spur 303 in Arlington, Texas generated more than $943,000 in revenue for the city of Arlington. Of the top 10 money-making cameras in North Texas, three are in Duncanville. Dallas, Richardson, Richland Hills and Irving also made an appearance on the top 10.
The Texas Tribune, a nonprofit news Web site, analyzed red-light cameras across the state from July 1, 2008 to June 20, 2009. To view those results, go to: http://www.texastribune.org/library/data/red-light-cameras/
The Controversy
In addition to the anger some people have because over the use of red light cameras to generate revenue, and that the belief that some red light cameras may contribute to the cause of accidents when drivers slam on their brakes to avoid being issued a ticket from a red light camera, the companies that operate these red light cameras have come under fire for not being operated in a legal fashion under Texas law.
Dallas attorney Lloyd Ward started the fight when he sued ACS, one of the largest red light camera companies after he received a ticket as a result of a red light camera operated by ACS. Mr. Ward discovered that ACS and two other red light camera companies, ATS and Redflex were all in violation of Texas law because they did not have an occupational license as required by the Texas Occupational Code. Judge Craig Smith (192nd District Court of Dallas County, Texas) agreed and issued a ruling that ACS was operating without a license.
Texas Occupation Code Section 1702.101 states that “Unless the person holds a license as an investigations company, a person may not… offer to perform the services of an investigations company. A person acts as an investigations company for the purposes of this chapter if the person engages in the business of obtaining or furnishing… information related to… crime or wrongs done; or… engages in the business of securing… evidence for use before a court, board, officer, or investigating committee… furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public.”
On the heels of Ward’s victory, two new cases were filed in federal court against two different vendors. The plaintiffs in Steven Bell, Alexis and Jacqueline Monrreal, individually and on behalf of others similarly situated v. American Traffic Solutions, Inc., filed suit in Dallas. They claim that American Traffic Solutions failed to obtain the appropriate license as a private investigator in Texas. The plaintiffs received notices of red light violations from Irving and Arlington, respectively. Importantly, the pleadings in the case seek to certify a class action lawsuit on behalf of everyone who has ever received a notice of violation from those cities, and seeks actual damages in the amount of the tickets each plaintiff received, attorneys’ fees, plus $3 million in punitive damages. The same attorney filed an essentially identical suit in federal court in Sherman, Steven Bell, TXPS, Inc., and Mohammed Al Musa on behalf of others similarly situated v. Redflex Traffic Systems, Inc. That case involves notices of violation issued by Plano and Duncanville.
On March 26, 2009, the U.S. District Court for the Eastern District of Texas dismissed a lawsuit claiming that red-light camera vendors were required to obtain a private investigator’s license to operate in the State of Texas. An identical case was filed against American Traffic Solutions, Inc. (ATS) in the U.S. District Court for the Northern District of Texas. In dismissing the case with prejudice, United States District Judge Michael H. Schneider said the plaintiffs do not have standing to argue that a private investigator’s license is required for vendors to operate camera programs or to address the Texas Legislature’s authorization of the use of red-light cameras by local governments.
Future controversies of red light cameras are quickly resolving themselves as these red light camera companies are taking steps to get the required licensing to make sure that the millions of dollars being generated by these cameras is not being jeopardized.
Substandard Medical Care At London Hospital | Dallas, Texas Personal Injury Attorney Blog
London, England – The Care Quality Commission, the independent NHS inspectorate published findings which said it had “lost confidence” in the management of the trust, after repeated requests to address the problems had failed to deliver results. It is the second time in six months that a foundation trust, a flagship NHS medical institution granted control of its own finances on the strength of its performance, has been found to be delivering sub-standard care suspected of causing hundreds of deaths. Analysis of the hospital board of directors’ meeting minutes suggests it spent little time discussing and challenging information in relation to poor quality of care for patients.
Basildon and Thurrock University Hospitals NHS Foundation Trust, a London, England hospital was cited for poor standards of care at an accident and emergency unit in one of that country’s flagship hospitals. According to an NHS investigation, those poor standards may have contributed to unnecessary deaths of over 400 patients. The investigation also found dirty equipment and an absence of leadership contributed to a death rate almost 40 per cent above the national average. Among the specific problems cited in the report were:
- The unit had blood stains on the floor,
- dirty curtains,
- stinking mattresses, some stained with blood
- soiled equipment,
- nurses who failed to monitor, feed and give drugs to patients correctly; and
- a rate of pressure sores almost twice the national average. Instead of the national four-hour maximum waiting time for A&E, the trust was operating a 10-hour waiting time,
- inadequate arrangements for children,
- breaches of infection control, and
- poor leadership.
In March, the Healthcare Commission – the CQC’s predecessor – exposed a similar scandal at Mid-Staffordshire NHS Foundation Trust, where monitoring of mortality rates showed between 400 and 1,200 more deaths had occurred than the national average in the three years to 2007-08.
Supreme Court Refuses to Reconsider Case Awarding Punitive Damages | Dallas, Texas Personal Injury Attorney Blog
Ford Motor Company’s efforts to challenge a California jury’s award of punitive damages has been lost when the United States Supreme Court declined to hear Ford’s appeal. The case arose from a Ford Explorer rollover accident which left a Mrs. Buell-Wilson paralyzed. She was driving on an interstate east of San Diego in January 2002 when she swerved to avoid a metal object in the roadway. During the maneuver, she lost control of her 1997 Explorer, which rolled over 4 1/2 times. The mother of two children was paralyzed from the waist down when the roof collapsed on her neck and severed her spine. The jury concluded that Ford knew the Explorer had design defects that made it prone to rollovers in emergency maneuvers and to the collapse of its roof during such incidents. Obviously, these problems present safety hazards to the occupants of the Ford Explorers.
Ford Motor Company was challenging the award of $55 million in punitive damages claiming that it should not be punished because its design of the vehicle met federal safety standards. Essentially, Ford Motor Company was claiming that federal standards pre-empted the award of punitive damages. A California state appeals court earlier rejected Ford’s contention and upheld the award to Benetta Buell-Wilson. The jury had initially awarded Buell-Wilson $369 million, including $246 million in punitive damages but the California courts twice cut the size of the punitive damages award.
If you or your loved ones have been seriously injured or killed in a motor vehicle collision, you need to contact an attorney promptly to protect your rights and to investigate whether you may have a valid products liability case. In the case of serious motor vehicle accidents that result in a rollover, such as this Ford Explorer rollover case, it is important to preserve the evidence and to hire a trained investigator to examine the vehicle to determine if there was a manufacturing, design or warning defect with regard to the vehicle. As the Ford Motor Co. v. Buell-Wilson case points out, sometimes even a one-car accident where many people might originally be concerned with the operator error may be a valid case because the vehicle should have been designed in a manner that it could handle sudden movements without rolling over and subjecting occupants to the risk of serious injury or death from a collapsed roof. Contact Rachel Montes or Tom Herald at the Montes Law Group, P.C. for a free, no obligation, case review (214) 522-9401.
Federal Judge Orders Seroquel Cases To Trial | Dallas, Texas Personal Injury Attorney Blog
\AstraZeneca Plc may face as many 6,000 trials of lawsuits claiming its antipsychotic drug Seroquel causes diabetes after a judge said she will recommend sending the cases back to their home courts. U.S. District Judge Anne Conway in Orlando, Florida, who is overseeing pre-trial proceedings in federal Seroquel litigation, said yesterday she’ll urge a panel of judges to return all of the cases to courts across the U.S. for possible trials. In Re Seroquel Products Litigation, 06-MD- 01769, U.S. District Court, Middle District of Florida.
The company faces more than 14,000 suits in U.S. state and federal courts alleging Seroquel caused diabetes in some users. Seroquel, which generated sales of $4.45 billion in 2008, is AstraZeneca’s second-biggest seller after the ulcer treatment Nexium. AstraZeneca officials noted in regulatory filings last month that the drugmaker could face the first trials of Seroquel suits in state courts in Delaware and New Jersey in January. The company also disclosed it has spent $623 million in “legal defense costs” for Seroquel litigation so far.
AstraZeneca, the U.K.’s second-largest drugmaker, wanted Judge Conway to send as many as 60 suits back to their home courts for trial as test cases. Lawyers for former users contended they were ready to press forward on their claims that the London- based company downplayed Seroquel’s diabetes risk.
“While providing the prospect of lifetime employment for AstraZeneca’s attorneys, AstraZeneca’s plan is also plainly designed to permit AstraZeneca to prolong resolution of this litigation,” Camp Bailey, a Houston-based lawyer for Seroquel users, said in a Nov. 6 court filing.
